Scherer v. Equitable Life Assurance Society of United States
District Court, S.D. New York
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HAIGHT, Senior District Judge.
I. BACKGROUND
The amended complaint in this diversity action alleges that plaintiff is entitled to disability benefits that Equitable has improperly refused to pay. It is undisputed that under a Disability Income Insurance Policy Equitable issued to Scherer in 1987 (the “Policy”), Scherer is entitled to a monthly payment of $5,031 during such time as she is “totally disabled” within the meaning of the Policy. The Policy also excuses Scherer from paying premiums while she is disabled. Her premium payment is $1,415 twice yearly. The…
2Cases cited23 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
- Kramer v. Time Warner IncCourt of Appeals for the Second Circuit · 1991
- Tongkook America, Inc. v. Shipton Sportswear CompanyCourt of Appeals for the Second Circuit · 1994
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